Kadyn Drainage Pty Ltd

[2022] FWCA 3301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kadyn Drainage Pty Ltd

(AG2022/3877)

Kadyn Group Enterprise Agreement 2022-26

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 SEPTEMBER 2022

Application for approval of the Kadyn Group Enterprise Agreement 2022-26

An application has been made for approval of an enterprise agreement known as the Kadyn Group Enterprise Agreement 2022-26 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 September 2022. The nominal expiry date of the Agreement is 20 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kadyn Drainage Pty Ltd, applied for the approval of the Kadyn Group Enterprise Agreement 2022-26. The agreement proposed changes to employment terms for a number of employees in the company's drainage services sector. The application was heard in the Fair Work Commission. The central legal issue for the Commission to decide was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it had been genuinely agreed to by the parties.

The Commission examined the proposed agreement to ensure it complied with the statutory requirements for approval. It considered the nature of the changes proposed, the process through which the agreement was negotiated, and whether the agreement provided for fair and reasonable terms. The Commission noted the comprehensive negotiation process undertaken by the applicant and the consultation with employee representatives. The Commission also considered the specific provisions of the agreement and whether they provided for adequate protections for employees, including minimum entitlements, dispute resolution mechanisms, and other terms that were fair and reasonable. Ultimately, the Commission found that the agreement met the necessary criteria for approval.

Based on its findings, the Commission approved the Kadyn Group Enterprise Agreement 2022-26. The agreement was deemed to provide for fair and reasonable terms and conditions for employees and had been genuinely agreed to by the parties. The Commission's decision was informed by the thorough negotiation process and the protections included in the agreement. The applicant's application for approval was successful, and the agreement now forms part of the legal framework governing employment terms in the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established